1. These appeals have been preferred by the plaintiff aggrieved by dismissal of the suits as barred by limitation by the First Additional District Judge, Raisen as per the common judgment and decree dated 21.4.1994 passed in consolidated Civil Suits No. 13-N1986 and 16-N1986.

2. The plaintiff M/s. Khemchand Motilal Jain, a registered partnership firm instituted a Civil Suit No. 13-N1986 for declaration and injunction challenging the recovery fastened by the DFO, Raisen of Rs.47,250.47. The other Civil Suit No.16-A/l986 was filed assailing recovery of Rs.33,352.71. Both the civil suits were consolidated by the trial Court.

3. It is not in dispute that initially a writ petition - MP No. 143173 was filed assailing the aforesaid recoveries. It was filed on 16.2.1973 and was decided on 24.1.1979 by the Division Bench of this Court. It was held by this Court that question raised in the writ petition was purely question of facts and disputed question could only be decided on evidence. The writ petition was dismissed, and interference was not made. thereafter it was claimed in the plaint that a notice under section 80, Civil Procedure Code was served. Date of serving of notice has no